HB0356 94TH GENERAL ASSEMBLY

LRB094 03752 RLC 33761 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0356

Introduced 1/21/2005, by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

720 ILCS 570/407.3 new

Amends the Illinois Controlled Substances Act. Creates the offense of use of a child to commit a controlled substance offense. Provides that a person commits the offense when he or she is 17 years of age or over and commits a felony delivery or felony attempted delivery of a controlled substance in violation of the Act and, as part of that criminal transaction, knowingly uses a child under 17 years of age to effectuate the felony delivery or felony attempted delivery of the controlled substance. Provides that the penalty is a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Controlled Substances Act is amended by adding Section 407.3 as follows:

(720 ILCS 570/407.3 new)

Sec. 407.3. Use of a child to commit a controlled substance offense.

(a) In this Section:

"Child" means a person less than 17 years of age.

"Uses a child to effectuate the felony delivery or felony attempted delivery of the controlled substance" means conduct by which the defendant: (1) conceals the controlled substance on or about the body or person of the child for the purpose of effectuating the criminal delivery or attempted delivery of the controlled substance to a third person; or (2) directs, forces or otherwise requires the child to deliver or attempt to deliver or offer direct assistance to the defendant in delivering or attempting to deliver the controlled substance to a third person.

(b) A person commits the offense of use of a child to commit a controlled substance offense when he or she is 17 years of age or over and commits a felony delivery or felony attempted delivery of a controlled substance in violation of this Act and, as part of that criminal transaction, knowingly uses a child to effectuate the felony delivery or felony attempted delivery of the controlled substance.

(c) Sentence. Use of a child to commit a controlled substance offense is a Class 4 felony.

Section 99. Effective date. This Act takes effect upon becoming law.